Revolutionary War Pension and Bounty Land Warrant Application File S. 18386, David Durant, Mass.

SERVICE
NUMBER
Mass.
Durant, David
S 18386
Carded
CONTENTS

N o 18536 Vermont
David Durant Caledonia Co. in the State of Vermont who was a Private in the company commanded by Captain Varnum of the Reg't commanded by Col. Pickering in the Mass. Troops for 6 months
Inscribed on the Roll of Vermont the rate of 20 Dollars ————— Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 12. day of Sept. 1833 and sent to J. M. Vincent Walden Vt.
Arrears to the 4th of Sept. 1833 50.00 Pension allowance ending March 1834 10.00
$ 60.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by D. Brown Clerk, Book E. Vol. 3 Page 60

20586
David Durant
S
Admit 6 mos $20.-
Thomas W. Vincent Walden Vermont

WAR DEPARTMENT,
Pension Office,
June 5. 1833
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will show what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, showing the Service of David Durant of Caledonia County, Vermont
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Enl? 1775 3 Private Capt Warnum Col Pickering Am. Mass. to Roxbury Anson   " 1776 3 " Gage none R.I. Chetts Revolutionary Evidence  
Traditionary aged 80 years
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers, the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. □ This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____, who has hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate, is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

And the said Court do hereby declare their
State of Vermont } ss. District County of Caledonia }
On this 14 th day of October, A. D. 1832 personally appeared in open court before the Hon. Benj. T. Dunning Judge of the Court of Probate for the District of Caledonia aforesaid, now sitting David Durant a resident of Walden in the District and County aforesaid aged eighty one years - who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the provisions of the act of Congress passed June 7. 1832 -
That he entered the Service of the United States under the following named officers and served as hereinafter stated.
I, David Durant of Walden Caledonia County & State of Vermont depose & say, that I was born in Billerica, County of Middlesex  Middlesex State of Massachusetts, in A. D. 1752, on the twenty second day of December. I know not whether there be a record of my age in the Office of the town Clerk of that town. I lived in Billerica until I was four or five years of age, at which time, my father died, and my mother moved to Pelham N. H. where I resided about two years. Thence I went  removed to Nottingham N. H. where I lived until I was twenty two years old. Thence I went to Andover Mass. in the spring of 1775. In December of that year a few days before I was twenty three years old, while living in the family of Obadiah Foster of Andover, as his hired man, his brother William Foster, a man of property in the neighborhood was called upon to furnish a man for the service, & applied to me. My contract with his brother for labor had expired, & I enlisted for Mr Foster for three months in the state Militia. I enlisted into the company of Capt. Benjamin Varnum; the name of my Lieut. I do not remember, but lived in Bradford. My Ensign name was Joshua Chandler. The Capt. & Ensign were from Andover. Directly after enlistment, the company marched to Prospect Hill in detached parties & was there embodied. I went in company with the Ensign, his son was his waiter, Prospect Hill. I think it is in Medford. The British Army then occupied Boston, None but Militia from Massachusetts were stationed on Prospect Hill. I know of no Continental troops at that time in the service. Gen. Putnam I saw a number of times. I know not whether he was commander of the forces on the Hill nor do I recollect the names of the other officers; except a major Brock who was very rough in his manners, & one Capt. Poole of Cape Ann, who was a very correct

times. I know not whether he was commander of the forces on the Hill nor do I recollect the names of the other officers; except a major Brock who was very rough in his manners, & one Capt Poole of Cape Ann, who was a very correct & vigilant man, who was often among the soldiers to see that everything was regular & sometimes he would come secretly among the sentries to see that no one was sleeping. My chief employment was to stand upon guard. The Fort was built before I came. There was very often cannonading between the Fort & the British in Boston. This was always in the night. I never knew but one Bomb thrown in the Fort. I was retained longer than the period of my enlistment, because recruits could not be had to take our place, so soon as was expected. I was not discharged till some of the first days of April 1776. our discharge was verbal. The reason why I remember the time arose from this circumstance. Our orderly sergeant-whose name I have forgot on one occasion said to some of the men who were standing around, in a pleasant manner, this is fools day. After my discharge, I returned home. I remember well the day the British troops left Boston. It was the 17th of March 1776. on Sunday. I tried to procure a man to take my place on the guard, that I might go to the city but could get no one. I never was off of the Hill until I was discharged. In the latter part of Dec. 1776 I enlisted a second time for three months as a volunteer living at Andover & in the same family before named.
I enlisted in the company of Capt Sage of Bradford Mass. in Col. Rikerings Regt. of Artillery. I was ordered to Providence Rhode Island where the Regt collected. I set out in company with five or six men from Andover. Some of their names I remember - Peter Cummings, Daniel Dean, and one Town. We arrived at Providence just as the Regt were parading about noon. The same day the Regt started for Danbury Connecticut. The Regt marched in detached parties until they arrived at Danbury. At that place rations were first drawn for three days. At that place the men were embodied in companies under the commands of officers. Thence we marched westwardly and the first place where we made a permanent stand was at Tarrytown N. York. I do not remember the name of the town through which we passed. Our duty was to guard the country on the Hudson River above & below Tarrytown against the incursions of the enemy. We never went below Hingsbridge nor above ten miles above Tarrytown. There were several Regts employed in this service but I do not remember the names of any of the officers besides those named. I think I was employed in this service on the east side of the River about one half of the period of my enlistment. We crossed the River at Peekskill. I was frequently at White Plains which was burnt the fall before. From Peekskill we marched into New Jersey through Morristown where were encamped the army of Gen. Washington sick with the small pox. We continued our march until we arrived at Bound Brook where we remained until our enlistment expired. Our duty there was similar to that on the other side of the Hudson. I received my discharge verbally on the 22nd of March 1777. The day is remembered particularly on account of its being very warm & the extreme fatigue incurred by a very rapid march homewards. I was a private soldier in both enlistments. I never was out afterwards during the war. I have no documentary evidence. I hereby relinquish every claim whatever to a pension or annuity except the present. I declare that my name is not on the pension roll of any agency in any state. I have since the Revolution lived at Hancetown N.Y. for the most of the time. I have lived in Walden eight years.
Sworn to and subscribed the day and year first above written David D. Dement before Benj R. Dunning Judge of Probate

memewards. I was a revolved soldier in both revolved  revolved  revolved was out afterwards during the war. I have no documentary evidence. I hereby relinquish every claim whatever to a pension or annuity except the present I declare that my name is not on the pension roll of any agency in any State. I have since the Revolution lived at Frankestown N.H. for the most of the time I have lived in Walden eight years.
Sworn to and subscribed the day and year first above written — David Durant before Benj H. Denning Judge of Probate
And the said Court do hereby declare their opinion — after the investigation of the matter and after putting the interrogatories prescribed by the War Department that the above named ap- plicant was a revolutionary soldier and served as he states — and the court further certifies that Merrill Foster and John Gould who have signed the preceding certificate are residents in said Wal- den, are credible persons and that their state- ment is entitled to credit.
I Amos Paul Register of the Court of Probate for the District of Caledonia aforesaid do hereby certify that the fore- going contains the original proceedings of said Court in the matter of the application of David Durant for a pension.
In testimony whereof I have hereunto set my hand and Seal of office this 4 th day of October A. D. 1832 — Amos Paul Register.

P
18386 INVALID.
File No. 18,386
David Durant
Rev Rev War
Act: June 7 th 82
Index:—Vol. 1 , Page 441
[Arrangement of 1870.]

I David Durant of Waldo Red Redding County, and State of Vermont. Applicant for a patent under the Act of Congress of June 7 th 1832 do testify and say that I know of no evidence living, to prove my claim and that I have procured the best evidence in my power. David Durant
Sworn to and subscribed this 21. st day of June. AD 1833 before me
Adam Amadon
I of Adam Amadon further certify and say that David Durant who has signed the claim above is a resident of Waldo State and County above written and is esteemed as a man of unswerving veracity.
Adam Amadon

State of Vermont } Caledonia county ss. }
I Benjamin H. Deming Clerk of Caledonia County Court do hereby certify that Adam Fassden is a Justice of the Peace within and for said County and that I believe the within signatures pur- porting to be his are genuine.
In testimony whereof I hereunto set my hand and seal of office at Danville in said County this 22 nd day of June A.D. 1833.
Benj. H. Deming Clerk.

David Siemens
Spencer
Letter to the American Assoc.
1891
1891

We Merrill Foster Deacon of the Congregational Church of Walen Calhoun County and state of Vermont and John Gould select Men of Walen state and County aforesaid hereby certify that we are well acquainted with Daniel Dement of Walen who has given the above declaration the above declaration of his services in the revolutionary services War and that we believe him to be the member of your age that he stole and he is reputed and believed in the neighborhood where he resides to have been a revolution subversive and we are in that opinion and that he is a man of unqualified truth and veracity. Merrill Foster John Gould
Sworn to and subscribed this 27th day of September 1832 before me
Adams Amadon Justice of the Peace
I Adams Amadon Justice of the Peace do hereby certify that Merrill Foster who has signed the above certificate is Deacon of the Congregational Church in Walen state and County as he states of Vermont Calhoun County and John Gould is select Men of Walen state and County aforesaid and they are respectable men and their statement is entitled to credit
Adams Amadon Justice of the Peace

State of Vermont } Caledonia County ss } I Benjamin H. Denning Clerk of the County Court for the County of Caledonia do hereby certify that Adam Amadon wherein within named is a Justice of the Peace for said Caledonia County, and that I believe the within signatures purporting to be his are genuine.
In testimony whereof I have hereunto set my hand and the seal of said Court this fourth day of October, A. D. 1832. Benj. H. Denning Clerk.

Certificates in the case of David Durant. of Walden N.Y.

Know all men by these presents that I David Serrant of Waldo Colonial County and State of Vermont have made constituted and appointed and by these presents do make constitute and appoint the W. Vincent of Waldo in said Colonial County my true and lawful Attorney for me in my name and to my to make application to the War Department of the United States for a pension for services rendered by me in the Revolutionary War, agreeable to the provisions of the act of Congress of 1832 for the relief of certain surviving Officers and soldiers of the Revolutionary War And I do hereby authorize and empower the said Vincent to furnish and transmit to the War Department the evidence deemed necessary to substantiate the said application and as my true and lawful Attorney to receive the returns from the War Department and do all other acts and things lawful and necessary in the premises myself approving and confirming the same in testimony whereof I have hereunto set my hand and this 28th day of September in Thousand Eight hundred and thirty two
David Serrant
In the presence of Amos Paul B. F. Deming
Colonial County of Vermont Danville October 21 st
Before me, a Notary Public in and for the State of Vermont, personally appeared David Serrant the signer and seal of the foregoing power of Attorney, and acknowledged the same to be his free act and deed before me.
Benj. F. Deming Justice Peace

Power of an attorney Social Security